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Fillable Form Divorce Agreement

Divorce Agreement is a legal document between two parties who are undergoing the divorce process. It outlines all the parties involved, the grounds for divorce, the division of properties, assets, and debts, arrangement for child custody and support, and other agreements.

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What is a Divorce Agreement?

A Divorce Agreement, also known as a Divorce Settlement Agreement, is one of the documents that is necessary to file a divorce. This document is a legal agreement that allows the involved parties to determine who becomes responsible for certain marital responsibilities and properties. These responsibilities include the following:

  • Child and spousal support
  • Division of debts
  • Child custody and parenting time
  • Division of the marital home

The Mutual Divorce Agreement can be used to either have a temporary agreement before the finalization of the Divorce Decree or to have a proposed version of the divorce decree. This allows the situation of both parties to be easier and more defined.

However, the Divorce Agreement can either be rejected or accepted by a court of law. If necessary, the court will be able to make amendments to the agreement before enforcing it properly. Once submitted and accepted, modifications to the agreement require a petition to the court.

How to fill out a Divorce Agreement?

Get a copy of Divorce Agreement template in PDF format.

If you want to have the form printed and filled out by hand, you may find a PDF version of it on sites that offer legal document templates for download. There is also the option of filling the agreement out electronically on PDFRun.

Preamble

The first part of the agreement is the identification of the petitioner (the one who is filing the divorce) and the respondent (the spouse). This section of the agreement requires the following information:

  • Effective date of the divorce (day, month, year)
  • Name of the Petitioner and the county they live in
  • Name of Respondent and the county they live in
  • Date of Marriage and County, city and state
  • Date of separation
  • Names of children and respective dates of birth

NOW THEREFORE,

Here is where the different marital responsibilities are highlighted in detail. Read each one carefully and fill out the necessary spaces.

1. Spousal Support

Also known as alimony. Input the agreed-upon amount and the agreed-upon date wherein to start paying the alimony. After the first alimony is given, subsequent ones are to be given on the first day of each month thereafter. You will also need to input the amount of term of life insurance that the Petitioner will obtain and maintain. Input also the number of years this entire policy will be in effect.

2. Custody of Minor Child

If there is a child involved, this is the portion that details the parental duties of both parties to the minor child.

3. Visitation of Minor Child

This mentions time-sharing and visitation times that should be attached to this document as Exhibit A.

4. Parental Rights and Responsibilities

This details the parental responsibilities that both parties will share and the responsibilities concerning health, socialization, and significant events in a child’s life (e.g. graduation).

5. Minor Child’s Medical Insurance

The Petitioner should be responsible to maintain the child’s medical insurance. The Respondent will be entitled to an annual update of this insurance.

6. Child Support

Input the amount of child support that is agreed upon and the month where it should be first paid. After the first child support is paid, the Petitioner must continue to pay the agreed amount on the first day of each month, thereafter. Determination of the amount in accordance with child support guidelines must be attached as Exhibit B.

7. Minor Child’s Tuition Expenses

Unless otherwise agreed upon, both parties shall be responsible for the reasonable tuition expenses of the minor child.

8. Waiver of Payment Through Check

Petitioner is not required to make child or spousal support payments through the Central Depository. Instead, Petitioner is able to make these payments directly to the other party. However, in the event of difficulty in payment, either party can make the payment through the Central Depository a requirement.

9. Distribution of Real Property

Input the address of the property both parties currently own (the “Marital Residence). This section highlights the responsibilities of both parties regarding the property.

Input the division of payment of the monthly mortgage in percentile.

10. Bank and Other Financial Accounts

This details:

  • Both parties retain bank accounts that are exclusively under their names
  • For joint accounts, input the type of joint account, location of the account, and the account number.

11. Personal Property

Distribution of personal properties. The list of which must be attached as Exhibit C.

12. Automobiles

Input the vehicles that will be distributed to either the Petitioner (list them under item a) or the Respondent (list them under item b). Both shall be individually responsible for the upkeep of their vehicle.

13. Outstanding Debts, Charge Accounts, and Credits

Each party will be individually responsible for the debts and charges that will be attached to the properties that will be distributed to them.

14. Pension and Retirement Plans and Annuities

Both parties relinquish their right in the following:

  • Retirement plan
  • Pension plan
  • 401(k) plan
  • Individual retirement account
  • Benefit plan
  • Any other employer-sponsored plan

15. Income Tax

Both parties will be individually responsible for tax liabilities.

16. Former Name

The Petitioner must input their former name before the marriage.

17. Waiver Dower and Inheritance Rights

Any claims to rights of any inheritance made by connection of marriage are relinquished. This right can be recreated when a will that gives them said right is written after the effective date of this Agreement.

18. Bankruptcy

The responsibilities mentioned shall not be discharged at the declaration of bankruptcy.

19. Legal Representations

This is to confirm that both parties have independent counsel and that they have fully understood the responsibilities they are to undertake.

20. Fees and Costs

Each party will be solely responsible for their legal fees and attorney’s fees.

21. Full Disclosure

This verifies that the financial information that has been mentioned is one that has been fully disclosed by both parties to one another.

22. Free and Voluntary Execution

This is confirmation that both parties are in this agreement out of their own accord.

23. Living Apart

Upon the execution of the agreement, both parties may live apart as if the terminated marriage had never existed. Thus, both cannot control the conduct of each other unless otherwise stated by this Agreement.

24. Reconciliation

If both parties reconcile and live together, this Agreement shall remain in full effect unless expressly revoked.

25. Further Assurances

This is confirmation that both parties will provide the additional documents necessary to the completion of this Agreement.

26. Modifications and Amendments

Modifications can only be done through the signature and approval of both parties. Modifications can also be done by any competent court of law without the signature of the parties involved.

27. No Waiver

Any non-written waiver by either party shall not be valid and will not relinquish the responsibilities and obligations mentioned.

28. Governing Law

Input the state whose laws will govern the Divorce Agreement.

29. Admissibility

This is to allow this agreement to be presented as evidence by both parties.

30. Severability

If any portion of the Agreement is deemed invalid, the rest of the Agreement will continue to be valid.

31. Mutual Release

Unless otherwise stated within the Agreement, both parties release each other from all claims, demands due, debts, and causes of action in the contract.

32. Headings

The headings of this agreement shall not be used to misconstrue and misinterpret the Agreement in any way.

33. Successors and Assigns

This Agreement shall take effect to the benefit of legal representatives, heirs, successors, or permitted assigns.

34. Entire Agreement

This is the acknowledgment of both parties that the Agreement contains all warranties, representations, covenants, and understandings — and that there is nothing more not mentioned within the Agreement.

Signature

Petitioner’s Signature

Affix the Petitioner’s signature here.

Petitioner’s Full Name

Input the Petitioner’s current full name.

Respondent Signature

Affix the signature of the Respondent.

Respondent Full Name

Input the Respondent’s complete name.

Signed in the Presence of:

First Witness

First Witness Signature

Affix the signature of the first Witness as well as the date of signing.

First Witness Name

Input the full name of the first witness.

First Witness Address

Input the full and current mailing address of the first witness.

First Witness City, State, and ZIP Code

Input the city, state, and ZIP Code of the first witness’ address

Second Witness

Second Witness Signature

Affix the signature of the second Witness as well as the date of signing.

Second Witness Name

Input the full name of the second witness.

Second Witness Address

Input the full and current mailing address of the second witness.

Second Witness City, State, and ZIP Code

Input the city, state, and ZIP Code of the second witness’ address

Notary Acknowledgement

This page is for the notarization of the form.

Input the State, County, and Seal of the Notary.

Next, input the date of signing, and your name.

Signature

Affix your signature here.

Notary Public

Input the name of the notary public that witnessed the signing.

My commission expires

Input the date of expiration of the notarization.

Start filling out a Divorce Agreement sample and export in PDF.

Frequently Asked Questions About a Divorce Agreement

Who uses a divorce agreement?

A divorce agreement is a contract between a husband and wife that resolves their property, debt, custody, visitation, child support, and alimony issues. It is the last step in the divorce process.

The agreement must be fair to both parties and be approved by the court. It is important to have an attorney review the agreement before it is signed to make sure it is fair and meets all legal requirements. Once the agreement is signed by both parties and filed with the court, it becomes a binding contract.

If either party violates the terms of the agreement, they may be ordered to pay damages in court. The divorce process can be difficult and often results in many disputes. A divorce agreement is an important part of ending the marriage on amicable terms and ensuring that both parties receive what they are entitled to under the law.

Therefore, in general, a divorce agreement is used by couples who wish to resolve all of the important issues related to their divorce in a fair, mutually beneficial way. It allows them to move forward with their lives while still honoring the legal and financial obligations that they have to each other. If you are considering divorce and would like help negotiating an agreement with your spouse, it is important to consult with an attorney who can guide you through the process.

As you can see, there are many factors that go into creating a divorce agreement. Whether you need assistance negotiating with your spouse or simply want some guidance preparing for court appearances, working with an experienced attorney can be critical to achieving a successful resolution of your case. So if you are considering divorce and would like help navigating this complex process, be sure to contact an experienced divorce lawyer today.

What are the components of a divorce agreement?

A divorce agreement has key components that are necessary for a divorce to be finalized. Here are the basic and important key components that a divorce agreement must include:

  • Property — The property issues that must be resolved in a divorce agreement include the division of assets and debts, as well as other financial considerations such as spousal support or alimony.
  • Debt — In addition to the division of assets, couples who are getting divorced must also resolve any outstanding debt incurred during the marriage. This may include mortgages, credit card debt, student loans, medical bills, or any other types of debt.
  • Custody — Determining child custody is often one of the most contentious aspects of a divorce, and it must be addressed in the divorce agreement. This can involve decisions about physical and legal custody, visitation rights, and more.
  • Visitation — Once custody has been determined by the court, visitation schedules must be established and put into the divorce agreement. This will outline when the non-custodial parent can visit with the child or children.
  • Support — Financial support for the children must also be addressed in the divorce agreement. This includes child support, as well as any other financial contributions that either parent is required to make.

These are just some of the key components that must be included in a divorce agreement. It is important to consult with an attorney to ensure all legal and financial matters are properly addressed in order to have a legally-binding divorce agreement.

Why do you need a divorce agreement?

These are some of the benefits of using a divorce agreement:

  • It can help prevent disagreements later on. By having a divorce agreement, both spouses can agree on the terms of their divorce ahead of time. This can help avoid any potential arguments or disagreements later on down the road.
  • It can help make the divorce process quicker and easier. If both spouses are able to agree on the terms of their divorce, this can speed up the process significantly. Additionally, it can make the entire process less stressful for both parties involved. It can help protect your assets and property. A well-drafted divorce agreement can help ensure that your assets and property are divided fairly between both spouses. This can help prevent one spouse from taking advantage of the other during the divorce process.
  • It can help ensure that your children are taken care of. If you and your spouse have children together, a divorce agreement can help spell out how custody, visitation, and other child-related issues will be handled during and after the divorce process. This can give both spouses peace of mind, knowing that their children's needs will be taken care of.

Whether you are thinking about getting a divorce or going through one already, it is important to consider using a divorce agreement. Not only can it help make the process easier and less stressful for all involved, but it can also provide valuable legal protections for you and your family. So if you are ready to move forward with your divorce, consider working with an experienced divorce attorney to create a divorce agreement tailored to your specific needs and situation.

What should be included in a divorce agreement?

A divorce agreement serves as a legally binding document that contains the rights and responsibilities of each spouse. When creating one, these are the things that you should include:

  • The names and contact information of each spouse. This should include mailing address, phone number, email address, and other relevant contact information.
  • Details about any children that are involved in the divorce, including their full legal names, ages, and other details about custody arrangements.
  • A section describing how property is going to be divided between the two spouses. This typically includes a list of assets or other items that will be split between them during the divorce proceedings.
  • Details about alimony payments and any other financial support obligations that one spouse may have to provide to the other after the divorce has been finalized. This may also include separate provisions for child support payments as well if they are being ordered by the court.
  • A section outlining each spouse’s rights and responsibilities after the divorce has been finalized. This may include things like who gets to stay in the marital home or who is responsible for paying certain bills.
  • A section containing any other relevant information or provisions that need to be addressed in the divorce agreement. This could include things like a non-disparagement clause or a provision for how future disputes will be handled between the two spouses.

By including all of these elements in your divorce agreement, you can help ensure that it is legally binding and provides both spouses with the rights and protections they need during this difficult time.

As you can see, there are many things that need to be included in a divorce agreement. If you are considering getting a divorce, it is important to consult with an experienced family law attorney who can help you understand all of the elements that need to be included in your agreement and ensure that it is fair and equitable for both parties.

How to write a divorce agreement?

If you and your spouse are considering getting a divorce, you may be wondering how to write a divorce agreement. This document is typically used to outline the terms of the divorce, including child custody, visitation, child support, spousal support, and division of assets.

While every divorce is unique, there are some general tips that you can follow to help you create a divorce agreement that is fair and equitable for both parties. Here are some steps to help you get started:

  1. Decide what issues need to be included in the agreement. The most common areas of contention in divorce agreements include child custody and visitation, child support, spousal support, and division of assets.
  2. Work with your spouse to come up with solutions that are fair and reasonable for both of you. It is important to keep in mind that the goal is to create an agreement that is acceptable to both parties, so be willing to compromise on some issues.
  3. Get help from a lawyer or mediator if you are having trouble reaching an agreement. This can be an invaluable resource, as it can help you navigate the legal process and ensure that your rights are protected.
  4. Make sure that the agreement is in writing and signed by both parties. This will help to ensure that it is legally binding and cannot be changed later on.
  5. Have the agreement reviewed by a lawyer before you sign it. This will help to ensure that it is fair and equitable for both parties involved.

By following these steps, you can create a divorce agreement that is fair and reasonable for both parties involved. With the help of a lawyer or mediator, you can ensure that your rights are protected throughout the process.

Can I write my own divorce agreement?

You can, but it is not recommended. Unless you and your spouse are in complete agreement on all terms of the divorce, it is best to have an attorney draft the agreement to ensure that all your legal bases are covered.

If you do choose to write your own divorce agreement, be sure to include provisions for child custody and visitation, support, division of property and debts, and alimony, if applicable. You will also want to make sure that the agreement is properly executed and filed with the court.

How does a divorce agreement work?

When two people decide to get divorced, they often have to go through a legal process that results in the creation of a divorce agreement. This document outlines all of the details related to their separation and specifies how property will be divided, as well as how custody of children will be handled if there are any.

There are several factors that must be considered when creating or reviewing a divorce agreement, including each person’s income and assets, agreements regarding spousal support payments, and potential tax implications. If either party has concerns about the terms of this agreement or feels that it is unfair in some way, they may wish to seek legal counsel from an attorney who specializes in family law.

Is a marital settlement agreement the same as a divorce decree?

No, a marital settlement agreement is not the same as a divorce decree.

A divorce decree is a court order that ends your marriage and resolves all of the issues related to your divorce, including child custody, visitation, child support, alimony, property division, and debt division. A marital settlement agreement is a contract between you and your spouse that you both agree to sign. This contract can resolve all of the same issues that a divorce decree can, but it is not legally binding unless both parties sign it.

If you and your spouse cannot agree on all of the terms of your divorce, then you will have to go to court and have a judge make the decisions for you. Marital settlement agreements can be a great way to resolve the issues of your divorce without having to go to court. However, it is important to work with an experienced family law attorney when creating this document so that your rights are fully protected and you and your spouse have thoroughly discussed all possible options for resolving the issues of your divorce.

If you and your spouse are looking for ways to avoid going to court during your divorce, then a marital settlement agreement may be a good option for you. With the help of an experienced family law attorney, you can create this contract together and ensure that all of the important issues in your divorce are resolved in a way that works best for you. Whether you choose to use a marital settlement agreement or go through court, it is important to consult with an attorney who will be able to help you throughout your divorce process.

What are the next steps after completing a divorce statement?

After completing a divorce statement, the next steps will depend on how the process is handled. In some cases, couples may decide to seek out mediation or counseling in order to reach an agreement regarding child custody, property division, and other important issues.

In other cases, couples may opt to have their divorce finalized through the court system. Both of these options can involve a lot of paperwork and legal fees, so it is important to work with an experienced divorce lawyer who can help you navigate this process as smoothly as possible.

Whether you opt for mediation or court proceedings, it is also advisable to get support from family members and friends during this difficult time.

Finally, once your divorce has been completed and your life has begun moving forward again, don't be afraid to begin dating and rebuilding your social life. This can be a challenging and emotional process, but with the right support and resources, you can emerge stronger than ever and move forward with your life.

There are many important steps to take after completing a divorce statement, such as seeking out mediation or legal assistance, getting support from friends and family members, and beginning to rebuild your social life.

No matter what path you choose during this difficult transition in your life, the most important thing is to stay strong and know that there is hope for a brighter future ahead.

Is a divorce agreement legally binding?

A divorce agreement is a legally binding contract between two spouses who are getting a divorce. The agreement spells out the terms of the divorce, including how property will be divided, how child custody and visitation will be handled, and how spousal support will be paid. Once the agreement is signed by both spouses and filed with the court, it becomes a court order. This means that if either spouse violates the terms of the agreement, he or she can be held in contempt of court and fined or jailed.

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